Rajasthan High Court - Jodhpur

Pratibha Sharma vs State Of Rajasthan on 25 August, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11342/2021

1. Pratibha Sharma D/o Mahesh Chandra Sharma, Aged About 38 Years, At Present Posted At Gups Moklawas, Rohila Kanla, Block Mandor, Dist. Jodhpur, Rajasthan.

2. Rajendra Kumar Meena S/o Soonda Ram Meena, Aged About 36 Years, At Present Posted At Gups Ratiyanada Jhareli, Block Khinvsar, Dist. Nagaur.

3. Rajesh Basera S/o Lalchand Basera, Aged About 33 Years, At Present Posted At Gups Salarmala, Block Sojat, Dist. Pali.

4. Raj Kumar S/o Amar Singh, Aged About 37 Years, At Present Posted At Gups Bandholi, Block Ramgarh, Dist. Alwar.

5. Raj Kumar Kumwat S/o Om Prakash Kumawat, Aged About 31 Years, At Present Posted At Gups Morjai, Block Bhinder, Dist. Udaipur.

6. Rajendra Maldusiya S/o Durga Prasad Maldusiya, Aged About 33 Years, At Present Posted At Gups Jadoli, Block Ramgarh, Dist. Alwar.

7. Rajmati D/o Udami Ram, Aged About 28 Years, At Present Posted At Gups Jaisabhatti, Block Suratgarh, Dist. Ganganagar.

8. Rajni Kumari D/o Kailash Nath Garg, Aged About 43 Years, At Present Posted At Gups Garadiya, Block Mandal, Dist. Bhilwara.

9. Rampal Kumawat S/o Ramchandra Kumawat, Aged About 34 Years, At Present Posted At Gups Midkiya, Block Parbatsar, Dist. Nagaur.

10. Rita Saluja D/o Ved Prakash Saluja, Aged About 39 Years, At Present Posted At Gups 18 F Bada, Block Ganganagar, Dist. Ganganagar.

11. Roshan Kathat S/o Baboo Kathat, Aged About 36 Years, At Present Posted At Gups Devnagar, Block Sojat, Dist. Pali.

12. Rachana Saini D/o Jagdish Prasad Saini, Aged About 34 Years, At Present Posted At Gups Naharpura, Block Raipur, Dist. Pali.

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13. Rajaram Nagar S/o Prahlad Nagar, Aged About 28 Years, At Present Posted At Ggups Sirpoi, Block Sunel, Dist. Jhalawar.

14. Rajendra Kumar Lodha S/o Prabhulal Lodha, Aged About 30 Years, At Present Posted At Gups Dudhaliya, Block Bakani, Dist. Jhalawar, Rajasthan.

15. Rajendra Verma S/o Mala Ram, Aged About 27 Years, At Present Posted At Gups Ratanpur Ki Saray, Block Bhinder, Dist. Udaipur, Rajasthan.

16. Rajshree Sharma D/o Om Prakash Sharma, Aged About 29 Years, At Present Posted At Gups Ujaliya, Block Baori Dist Jodhpur.

17. Ramesh S/o Rusi Ram, Aged About 34 Years, At Present Posted At Gups Babaniyo Ki Dhani, Block Lohawat, Dist Jodhpur.

18. Ranu Vaya W/o Vishal Dak, Aged About 27 Years, At Present Posted At Gups Ranchhodpura, Block Bhinder, Dist. Udaipur.

19. Rashmi Jain D/o Ashok Jain, Aged About 35 Years, At Present Posted At Ggups Naurangdesar, Block Hanumangarh, Dist. Hanumangarh, Rajasthan.

20. Ravi Kumar S/o Babu Lal, Aged About 31 Years, At Present Posted At Gups Ratanpura, Block Manohar Thana, Dist Jhalawar.

21. Sangeeta Karwasra D/o Sanwar Mal, Aged About 26 Years, At Present Posted At Gss Jhalalar, Block Jayal, Dist. Nagaur.

22. Sangeeta Kumari D/o Deep Narayan, Aged About 29 Years, At Present Posted At Gups Khodiyanada, Block Bap, Dist. Jodhpur, Rajasthan.

23. Sanjay Kumar S/o Gobind Ram, Aged About 34 Years, At Present Posted At Gups 2 Sgr Dingwala, Block Pilibangan, Dist. Hanumangarh, Rajasthan.

24. Sanju D/o Banwari Lal, Aged About 29 Years, At Present Posted At Gups Lalpura Odan, Block Suratgarh, Dist. Ganganagar.

25. Sharda Swami D/o Hariprasad Swami, Aged About 35 Years, At Present Posted At Gups 6Llw Nawan, Block Hanumangarh, Dist. Hanumangarh, Rajasthan.

26. Sharmila D/o Chandrabhan, Aged About 30 Years, At

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Present Posted At Gups Pabupura Kumaharan, Block Luni, Dist. Dist. Jodhpur, Rajasthan.

27. Shaxi W/o Sanjay Soni, Aged About 29 Years, At Present Posted At Gups Miyasani, Block Luni, Dist. Jodhpur, Rajasthan.

28. Shyam Lal S/o Sukh Dev, Aged About 33 Years, At Present Posted At Gups Utri Meghwalo Kidhani Gudha Bhagwandas, Block Khinvsar, Dist. Nagaur, Rajasthan.

29. Sheel Vanti D/o Krishan Lal, Aged About 25 Years, At Present Posted At Gss Hindor, Block Suratgarh, Dist. Ganganagar.

30. Shivangi Parashar W/o Abhishek Parashar, Aged About 30 Years, At Present Posted At Gups Jhopdiya, Block Suwana, Dist. Bhilwara, Rajasthan.

31. Sobhag Mal Meena S/o Bajrang Lal Meena, Aged About 44 Years, At Present Posted At Gups Nayakheda, Block Sahada, Dist. Bhilwara, Rajasthan.

32. Suman D/o Sube Singh, Aged About 33 Years, At Present Posted At Gups Dabhawali, Block Nagar, Dist. Bharatpur, Rajasthan.

33. Suman Poonia D/o Mewa Singh, Aged About 31 Years, At Present Posted At Ggups Khempur 2, Block Mavli, Dist. Udaipur.

34. Sumit S/o Sharwan Kumar, Aged About 36 Years, At Present Posted At Gups Chuwad, Block Jayal, Dist. Nagaur, Rajasthan.

35. Sunayana Barag D/o Umakant Barag, Aged About 32 Years, At Present Posted At Gups Deeppura, Block Ladpura, Dist. Kota.

36. Surendra Rathi S/o Shankar Lal, Aged About 26 Years, At Present Posted At Gups Jana, Block Sumerpura, Dist. Pali, Rajasthan.

37. Swarupa Ram S/o Karana Ram, Aged About 28 Years, At Present Posted At Gups Saruponiyo Ka Bera, Block Balotra, Dist. Barmer, Rajasthan.

38. Sahiram Bangra S/o Ram Karan Bangra, Aged About 26 Years, At Present Posted At Gups Isharwalo Ki Dhani Jaislan, Block Bap, Dist. Jodhpur.

39. Sandeep Kumar S/o Raghuveer Dev, Aged About 31 Years, At Present Posted At Gups 53 Gg, Block Karanpur,

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Dist. Ganganagar.

40. Sangeeta Moondra D/o Om Prakash Moondra, Aged About 42 Years, At Present Posted At Gups Hansiyaas, Block Suwana, Dist. Bhilwara.

41. Savaram Choudhary S/o Pomaram Choudhary, Aged About 40 Years, At Present Posted At Gskups Baran, Block Kumbhalgarh, Dist. Rajsamand.

42. Shama Banu D/o Rasheed Khan, Aged About 32 Years, At Present Posted At Gups Tarakhedi, Block Kapasan, Dist. Chittorgarh.

43. Satish Chand Sharma S/o Ram Dayal Sharma, Aged About 30 Years, At Present Posted At Gups Gametiyo Ki Basti, Block Bhinder, Dist. Udaipur.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

3. The District Elementary Education Officer, Barmer, Rajasthan.

4. The District Elementary Education Officer, Jhalawar, Rajasthan.

5. The District Elementary Education Officer, Pali, Rajasthan.

6. The District Elementary Education Officer, Sri Ganganagar, Rajasthan.

7. The District Elementary Education Officer, Nagaur, Rajasthan.

8. The District Elementary Education Officer, Udaipur, Rajasthan.

9. The District Elementary Education Officer, Alwar, Rajasthan.

10. The District Elementary Education Officer, Bhilwara, Rajasthan.

11. The District Elementary Education Officer, Jodhpur, Rajasthan.

12. The District Elementary Education Officer, Bharatpur,

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Rajasthan.

13. The District Elementary Education Officer, Hanumangarh, Rajasthan.

14. The District Elementary Education Officer, Kota, Rajasthan.

15. The District Elementary Education Officer, Rajsamand, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Ratana Ram through VC For Respondent(s) : Mr. Ravi Panwar

JUSTICE DINESH MEHTA

Order

25/08/2021

Learned counsel for the petitioners submits that the issue

raised in the present writ petition is squarely covered by judgment

of this Court in Manoj Khandelwal & Ors. v. State of Rajasthan & Ors. :

S.B.C.W.P. No. 7283/2014, decided on 16.07.2014 at Jaipur Bench

and the said judgment has been followed in Krishan Lal & Ors. v. The

State of Rajasthan & Ors. : S.B.C.W.P. No. 19179/2017, decided on

30.10.2017 at Jaipur Bench. The petitioners are also entitled to

the same relief as granted in the case of Manoj Khandelwal

(supra) and Krishan Lal (supra) claims learned counsel.

In view of the submissions made, the writ petition filed by

the petitioners is disposed of with the similar directions as given in

the case of Manoj Khandelwal (supra), which read as under:-

"This Court in Suman Bai and Another Vs. State and Others - 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit.

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It is further contended in the writ petition that in the matter of School Lecturers (English) in the same Department, where appointments were delayed because of the fault of the State authorities, the candidates were accorded appointment from the date the candidates stood lower in merit were appointed and they have been granted all consequential benefits of services.

The petitioners approached the respondents by way of representations for extending them same benefits of service which have been granted to the candidates who stood lower in merit than the petitioners, but till date nothing has been done. Hence, this writ petition on behalf of the petitioners for a direction to the respondents to treat their appointment from the date the candidates lower in merit, were given, with all consequential benefits of service, such as seniority, continuity of service, pay fixation, grant of annual grade increments.

Having regard to the facts of the case, writ petition is disposed of requiring the petitioners to make a representation to respondent no.2 - Director, Secondary Education, Bikaner, alongwith a copy of this order, who shall, after verifying the facts stated above, consider and decide the same by a speaking order within a period of three months from the date of its making, addressing the grievance of the petitioners for extending them the relief as prayed for, as the candidates, who stood lower in merit, are getting benefit of higher pay, seniority, annual grade increments and other service benefits including the selection scales. If the respondent no.2 decides to place the petitioners above in seniority than the candidates who stood lower in merit, then the petitioners would be entitled to all benefits of seniority but they would be entitled only to notional benefits."

For the purpose aforesaid, the petitioners shall file

representation before the competent authority giving out the

requisite details along with certified copy of the order instant

within a period of four weeks from today. On receipt of the

representation, the concerned respondent shall decide the same,

in accordance with law within a period of eight weeks from the

date of receipt of the representation and accord notional benefits

to the petitioners from the date persons similarly situated to them

and lower in merit were given appointment.

Upon consideration of the representation so filed, if

respondents find the case(s) of the petitioners to be covered by

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